S T A T E O F N E W Y O R K
________________________________________________________________________
5650
2013-2014 Regular Sessions
I N S E N A T E
May 31, 2013
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Introduced by COMMITTEE ON RULES -- (at request of the Office of Court
Administration) -- read twice and ordered printed, and when printed to
be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to an affirmative defense to
criminal possession of a gravity knife
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The section heading of section 265.15 of the penal law is
amended and a new subdivision 7 is added to read as follows:
Presumptions of possession, unlawful intent and defacement; AFFIRMA-
TIVE DEFENSE.
7. IT IS AN AFFIRMATIVE DEFENSE TO CRIMINAL POSSESSION OF A WEAPON AS
PROVIDED IN SUBDIVISION ONE OF SECTION 265.01 OF THIS ARTICLE OR SUBDI-
VISION ONE OF SECTION 265.02 OF THIS ARTICLE WHERE THE WEAPON POSSESSED
IS A GRAVITY KNIFE AND WHERE THE PERSON DID NOT INTEND TO USE IT UNLAW-
FULLY.
S 2. This act shall take effect on the thirtieth day after it shall
have become a law and shall apply to all pending trials where jury
deliberations have not yet commenced.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09839-01-3